ARIS Helicopters 234 Skylane, Drive | Hollister, California 95023

Main (951) 359-5016 (800) 955-2747

1 “Agricultural aircraft operation means the operation of an aircraft for the purpose of (1) dispensing any economic poison, (2) dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life, or pest control, or (3) engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation, but not including the dispensing of live insects.” 14 C.F.R. § 137.3.

May 15, 2020 U. S. Department of Transportation Docket Operations West Building Ground Floor, Room W12-140, 1200 New Jersey Ave., SE, Washington, DC 20590 Re: Petition for Exemption under Part 11 of the Federal Aviation Regulations from 14 CFR §§

107.36; 137.19(c) and (d); 137.19(e)(2)(ii), (iii), and (v); 137.31(a) and (b); 137.33(a) and (b); 137.41(c),

and 137.42

PETITION FOR EXEMPTION Dear Sir or Madam:

Aris Helicopters has proudly served the helicopter industry since 1972, with over 40 years based

in Northern California & Southern California. We specialize in precision external load operations,

firefighting, aerial construction, and heavy lift projects, power pole, and utility lines, including

communications network support, law enforcement, frost control, seismic survey support, charter, motion

picture support, including aerial cinematography and video production. Aris operates under the Federal

Aviation Administration as a Part 133 (External Load Operations) 135 (On-Demand Charter Operations)

and 137 (Agricultural Operations). Aris Helicopters wishes to extend its services to include UAS spraying

operations and land survey; therefore, we are filing the paperwork for an exemption from the listed

Federal Aviation Regulations (FARs) to conduct agricultural UAS operations.1 The authority for the FAA

to grant this petition is from 14 C.F.R. Part 11.

ARIS HELICOPTERS

2 of 12

TABLE OF CONTENTS I. QUICK REFERENCE SUMMARY........................................................................................................3 II. PETITIONER’S ADDRESS:..................................................................................................................3 III. THE REGULATIONS WHICH THE PETITIONER IS REQUESTING EXEMPTION FROM .......3 IV. THE EXTENT OF RELIEF THE PETITIONER IS SEEKING ..........................................................4 V. REASONS WHY THE PETITIONER IS SEEKING RELIEF FROM THE REGULATIONS AND

WHY THE EXEMPTION WOULD PROVIDE AN EQUIVALENT LEVEL OF SAFETY ...................7

A. 14 C.F.R. § 107.36 Carriage of hazardous material. ..............................................................................7 B. 14 C.F.R. §§ 137.19(c), 137.41(c) Pilot in command. ...........................................................................7 C. 14 C.F.R. § 137.19(d) Aircraft ...............................................................................................................8 D. 14 C.F.R. § 137.19(e)(2)(ii)-(v) Skills Test ...........................................................................................8 E. 14 C.F.R. § 137.33 Carrying of the certificate........................................................................................8 F. 14 C.F.R. § 137.41(c) Pilot in command. ...............................................................................................9 G. 14 C.F.R. § 137.42 Fastening of safety belts and shoulder harnesses. ..................................................9 VI. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST ......10 VII. FEDERAL REGISTER SUMMARY ................................................................................................11 VIII. OPERATING DOCUMENTS...........................................................................................................12 IX. STATUTORY AUTHORITY TO GRANT THIS PETITION ...........................................................12 X. CONCLUSION .....................................................................................................................................12

ARIS HELICOPTERS

3 of 12

I. QUICK REFERENCE SUMMARY • The operations will be conducted under Part 107 for agricultural aircraft operations. • The aircraft will be:

o DJI AGRAS MG-1P Documents/Specs

• In support of this petition, the Petitioner will submit the following associated operating

documents:

o Operations & Training Manual

o Flight & Safety Manuals

• The Petitioner is proposing to operate under the restrictions similarly listed in Exemption #

#17261, contained in a section below, which will provide an equivalent level of safety as the

regulations.

• IMPORTANT NOTE: We are proposing a different language for restriction #1 from Exemption

number #17261. See discussed below in Section IV.

II. PETITIONER’S ADDRESS:

Aris Helicopters

234 Skylane, Drive

Hollister, California 95023 III. THE REGULATIONS WHICH THE PETITIONER IS REQUESTING EXEMPTION FROM

• 14 C.F.R. § 107.36

• 14 C.F.R. § 137.19(c) and (d)

• 14 C.F.R. § 137.19(e)(2)(ii), (iii), and (v)

• 14 C.F.R. § 137.31(a) and (b)

• 14 C.F.R. § 137.33(a) and (b)

• 14 C.F.R. § 137.41(c)

• 14 C.F.R. § 137.42

ARIS HELICOPTERS

4 of 12

IV. THE EXTENT OF RELIEF THE PETITIONER IS SEEKING

The Petitioner proposes these restrictions and believes that these limitations provide an

equivalent level of safety, if not greater, as the FAR’s presently impose upon the Petitioner. Each of the

regulations above will be talked about in greater detail in another section in this petition.

These limitations and conditions are equal to Exemption # 17261 except as noted below. The

list of constraints and requirements include the following:

1. Operations authorized by this grant of exemption are limited to any small model UAS as

long as the UAS has a take-off weight of less than 55 pounds, even though maximum take-

off weight capability may be higher.

NOTE: Exemption #17261 granted to Drone Seed, Co. had for restriction 1

“Operations authorized by this grant of exemption is limited to any small model UAS

with a maximum take-off weight of less than 55 pounds.” We changed this to the above

to clarify that the drone must weigh below 55 pounds at the time of takeoff. “Take-off

weight” is essential because some UAS can fly over 55 pounds (they have higher

maximum take-off weights). Our rephrased restriction is in line with 107.3, which says,

“Small unmanned aircraft means an unmanned aircraft weighing less than 55 pounds on

takeoff, including everything that is on board or otherwise attached to the aircraft.”

(Emphasis my own). See also Section 331 of the FAA Modernization and Reform Act

of 2012.2 Additionally; this allows the petitioner greater flexibility in choosing aircraft

without having to come back and amend the exemption; thus, saving FAA resources.

The rest of the restrictions in this exemption are identical to #17261.

2. When adding any small UAS or new small UAS models that will operate under this

exemption, the operator must notify the Flight Standards District Office (FSDO), which

holds their operating certificate. Additionally, operations authorized by this exemption are

limited to the small UAS listed on the operator's part 137 Letter of Authorization (LOA).

2 “SMALL UNMANNED AIRCRAFT.—The term ‘’small unmanned aircraft’’ means an unmanned aircraft weighing less than 55 pounds.”

ARIS HELICOPTERS

5 of 12

3. This exemption and all documents needed to operate the small UAS and conduct its operations per

the conditions and limitations stated in this grant of exemption hereinafter referred to as the

operating documents. The operating documents must be accessible during UAS operations and made

available to the Administrator upon request. If a discrepancy exists between the Conditions and

Limitations in this exemption, any applicable FAA issued waivers/authorizations, and the procedures

outlined in the operating documents, the most restrictive conditions, limitations, provisions, or

procedures apply. The operator may update or revise its operating documents. It is the operator's

responsibility to track such revisions and present updated and revised documents to the

Administrator or any law enforcement official upon request. The operator must also present updated

and revised documents if it petitions for extension or amendment to this grant of exemption. If the

operator determines that any update or revision would affect the basis upon which the FAA granted

this exemption, then the operator must petition for an amendment to its grant of exemption. The

General Aviation and Commercial Division, (AFS-800) may be contacted if questions arise

regarding updates or revisions to the operating documents.

4. Any small UAS used by the operator that has undergone maintenance or alterations that affect the

small UAS operation or flight characteristics, e.g., replacement of a critical flight component, must

undergo a functional test flight before conducting further operations under this exemption. A remote

PIC may only do operational test flights with a Visual Observer (VO) and other personnel necessary

to perform the functional flight test (such as a mechanic or technician). The operational test flight

must be conducted in such a manner as not to pose an undue hazard to persons and property.

5. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection,

and life limit requirements for the aircraft and aircraft components. Each UAS operated under this

exemption must comply with all manufacturer safety bulletins.

6. PIC qualifications: The remote PIC must demonstrate the ability to safely operate the small UAS in

a manner consistent with the terms under this exemption, including

the relevant knowledge and skills requirements for agricultural aircraft operations outlined in 14

CFR part 137, evasive and emergency maneuvers, and maintaining appropriate distances from

persons, vessels, vehicles, and structures before operating non-training, proficiency, or

experience-building flights under this exemption.

ARIS HELICOPTERS

6 of 12

7. For small UAS operations where Global Positioning System (GPS) signal is necessary to operate

the small UAS safely, the remote PIC must immediately recover or land the small UAS upon loss

of GPS signal.

8. If the remote PIC loses command or control link with the small UAS, the small UAS must follow

a pre-determined route to either reestablish connection or immediately recover or land.

9. The remote PIC must abort the flight operation if unpredicted circumstances or emergencies that

could potentially degrade the safety of persons or property arise. The remote PIC must terminate

flight operations without causing an undue hazard to persons or property in the air or on the

ground.

Documents the operator must retain under §107.13 and §137.33 including, operator's exemption,

waiver held, a facsimile of the agricultural aircraft operator certificate, operations manual, and

registration certificate. These documents are available to the remote PIC at the Ground Control

Station of the small UAS at all times the aircraft is operating. These documents must be made

available to the Administrator or any law enforcement official upon request. Airworthiness

certificates applied to the small UAS not required for compliance with this exemption.

10. The relief granted from §107.36 is limited to the use of any economic poison as defined in

§137.3.

11. The remote PIC may operate the small UAS from a moving device or vehicle as described in

§107.25, which permits such operation in sparsely populated areas, provided the small UAS

do not transport property for compensation or hire. If conducting agricultural aircraft operations

per § 107.25, the remote PIC must satisfactorily demonstrate the relevant knowledge and skills

requirements of § 137.19 in the type of device or vehicle used in agricultural aircraft operations.

12. This exemption will not be valid for operations outside of the United States.

ARIS HELICOPTERS

7 of 12

V. REASONS WHY THE PETITIONER IS SEEKING RELIEF FROM THE REGULATIONS

AND WHY THE EXEMPTION WOULD PROVIDE AN EQUIVALENT LEVEL OF SAFETY

A. 14 C.F.R. § 107.36 Carriage of hazardous material.

Section 107.36 says, “A small unmanned aircraft may not carry hazardous material. For purposes

of this section, the term hazardous material is defined in 49 CFR 171.8.” Some of the chemicals

dispensed during agricultural aircraft operations classify as a hazardous material. Because this regulation

is not waivable under 107.205, we are requesting an exemption from it.

An equivalent level of safety is achieved by requiring the Petitioner to obtain an FAA agricultural

aircraft operator certificate before operations, use pilots who have a remote pilot certificate, fly aircraft

weighing less than 55 pounds (limiting the amount of hazmat carried), follow any restrictions placed on

the agricultural aircraft operator certificate, and limit the hazardous material carried to only economic

poisons.

The requirement to use only FAA-certificated remote pilots also alleviates any security concerns

as the TSA would have already done a background check on the individual possessing the pilot

certificate.

B. 14 C.F.R. §§ 137.19(c), 137.41(c) Pilot in command.

Section 137.19 paragraph (c) says, “Commercial operator—pilots. The applicant must have available

the services of at least one person who holds a current U.S. commercial or airline transport pilot

certificate and properly rated for the aircraft used. The applicant himself may be the person available.”

Section 107.41 paragraph (c) references back to 137.19.

These regulations are extremely burdensome and unnecessary. In previously granted exemptions, an

equivalent level of safety of the rules achieved by requiring a remote pilot certificate, operations per Parts

107 & 137, an agricultural aircraft operations certification, and the proposed restrictions in this

exemption.

ARIS HELICOPTERS

8 of 12

C. 14 C.F.R. § 137.19(d) Aircraft Section 137.19 paragraph (d) says, “The applicant must have at least one certified and airworthy

aircraft, equipped for agricultural operation.” Small unmanned aircraft operated under Part 107 do

not have any aircraft certification requirements. Under Part 107, the remote pilot in command is

responsible for determining if the aircraft is airworthy. The provisions contained in the

manufacturer’s manuals, the requirement in Part 107 for the remote pilot to conduct pre-flight

inspections of the aircraft, and the provision of the agricultural aircraft operator certificate are

sufficient for determining the airworthiness of the aircraft and provides an equivalent level of safety

as the regulations for agricultural aircraft operations. Furthermore, because these small UAS are

very limited in size and will carry a small chemical payload and operate only in restricted areas, for

limited periods, the risk to the public is lower. Moreover, the Petitioner is the one best suited to

maintain the aircraft in an airworthy condition to provide the equivalent level of safety as the

regulations.

D. 14 C.F.R. § 137.19(e)(2)(ii)-(v) Skills Test

Section 137.19 paragraphs (e)(2)(ii)-(v) are unnecessary and not applicable for small unmanned

aircraft. As the FAA stated in Exemption #17261, “the FAA has determined that demonstration of

the skills described in these paragraphs is not necessary because they are not compatible or

applicable to” agricultural aircraft operations with multi-rotor unmanned aircraft. Therefore, relief

should be granted to agricultural aircraft operations that utilize only small UAS.

An equivalent level of safety obtained by requiring the remote pilot to have a valid remote pilot

certificate, requiring the Petitioner to obtain before operations an agricultural aircraft operations

certificate and requiring operations per the proposed restrictions of this petition.

E. 14 C.F.R. § 137.33 Carrying of the certificate.

Section 137.33 paragraph (a) requires the presence of an agricultural aircraft operator certificate

in the aircraft. Additionally, paragraph (b) requires the airworthiness certificates to be available for

inspection at the base.

A similar situation in the FAA legal opinion letter of Mark Bury to John Duncan on August 8,

2014, where the FAA general counsel’s office answered whether registration and airworthiness

documents must be carried aboard an unmanned aircraft. Mr. Bury said, “we find that the intent of

these regulations met if the pilot of the unmanned aircraft has access to these documents at the

control station from which he or she is operating the aircraft.”

ARIS HELICOPTERS

9 of 12

Likewise, the Petitioner here proposes to keep the agricultural aircraft operator certificate

and registration all at the ground station. These documents can be available for inspection by the

FAA or law enforcement. All required documents at the ground station provide an equivalent level

of safety as the regulations.

Additionally, the Petitioner needs relief from paragraph (b) because operations under Part

107 do not require an airworthiness certificate, and it would be extremely burdensome to acquire an

airworthiness certificate to comply with this paragraph of the regulation. An equivalent level of

safety can be reached by requiring the remote pilot to obtain an agricultural aircraft operator's

certificate before operations and conducting pre-flight inspections.

F. 14 C.F.R. § 137.41(c) Pilot in command.

Section 137.41 paragraph (c) says, “No person may act as pilot in command of an aircraft

unless he holds a pilot certificate and rating prescribed by §137.19 (b) or (c), as appropriate to the

type of operation conducted. Also, he must demonstrate to the holder of the Agricultural Aircraft

Operator Certificate conducting the operation that he has met the knowledge and skill requirements

of §137.19(e). If the holder of that certificate has designated a person under §137.19(e) to supervise

his agricultural aircraft operations, the demonstration must be made to the person so designated.”

An exemption from this regulation based upon the same reasons listed above for Section

137.19 (c) and Section 137.19(e)(2)(ii)-(v). An equivalent level of safety can be provided by the

proposed restrictions listed herein that have already been determined by the FAA in Exemption

#17261 to provide an equivalent level of protection as the regulations. Additionally, all of the

pilots in command will obtain a remote pilot certificate and have passed company training.

G. 14 C.F.R. § 137.42 Fastening of safety belts and shoulder harnesses.

Section 137.42 says, “No person may operate an aircraft in operations required to be

conducted under part 137 without a safety belt and shoulder harness properly secured about that

person except that the shoulder harness need not be fastened if that person would be unable to

perform required duties with the shoulder harness fastened.”

This regulation is designed to protect people on board the aircraft. Since there are no people on

board, whether we follow it or not, the impact on safety is the same. However, because the law

requires it, we need an exemption from this regulation. Therefore, an equivalent level of protection

exists under the proposed restrictions herein.

ARIS HELICOPTERS

10 of 12

VI. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC

INTEREST

If the Petitioner does not have the option of using the Petitioner’s UAS, the only other way

to spray the ground areas is by using manned aircraft, which pose a danger to the pilot as well as

individuals on the ground. No pilots on board the UAS, and due to the small size of the UAS,

there is less risk posed to the public on the ground in case of an emergency. Additionally, the

UAS has multiple motors, while most manned aircraft have only one engine; thus, there is some

motor redundancy for some UAS in case of a motor malfunction.

Manned airplanes and helicopters produce significant amounts of noise pollution, disrupting

the quiet enjoyment of private property of the public on the ground. UAS are much quieter and

will not disturb the public as much as manned aircraft; thus, the public will benefit from a

reduction in noise pollution.

In addition to noise pollution reduction, engine-powered aircraft produce exhaust, which

affects the environment, while the UAS of the Petitioner is electric and does not create any

emission. The byproduct of JET-A or 100LL fuel emissions is entering the air the public

breathes while electric motors produce none. The use of UAS benefits the environment and

public health.

UAS uses batteries for power, which are not as flammable and explosive as JET-A or

100LL. An emergency where the UAS crashed, there is less of a chance for individuals injured

from an explosion or fire. UAS also uses smaller propellers than manned helicopters, which will

cause far less damage in the case of a crash than the typically manned helicopter crash.

Lastly, UAS use lower altitudes than most manned aircraft. This vertical separation

dramatically reduces the chance of a mid-air collision and the resulting catastrophic carnage on

the ground. Thus, the public benefits by having less risk from mid-air collision wreckage

impact.

ARIS HELICOPTERS

11 of 12

VII. FEDERAL REGISTER SUMMARY

As required by 14 C.F.R. Part 11, below is provided a summary of the petition to be published

in the Federal Register should it be determined that publishing is needed.

The Petitioner is seeking an exemption from the following rules:

14 C.F.R. §§ 107.36; 137.19(c) and (d); 137.19(e)(2)(ii), (iii), and (v); 137.31(a) and (b);

137.33(a) and (b); 137.41(c), and 137.42 to operate an unmanned aircraft, weighing less than 55

pounds, commercially for agricultural aircraft operations as defined in 14 C.F.R. § 137.3.

This exemption is needed because the listed regulations are extremely burdensome to operate

under while conducting agricultural aircraft operations under the Federal Aviation Regulations. The

operations of the unmanned aircraft (“UAS”) will provide a far safer alternative than using a jet or

piston-powered aircraft because small batteries will be used instead of large amounts of highly

flammable fuel. The UAS transported to the operation location via ground vehicle as opposed to

ferrying in the air, the UAS fly at altitudes far below manned aircraft, and the UAS will use clean

electricity for power as opposed to JET-A or 100LL which by-products are released into the

atmosphere for the public to breath. The proposed restrictions contained in the petition and manuals

will provide an equivalent level of safety as the regulations.

ARIS HELICOPTERS

12 of 12

VII. OPERATING DOCUMENTS

Aris Helicopters will operate only within the limitations above and any restrictions listed in the

manufacturer’s manuals. Additionally, the remote pilots will all go through company training using the

training manual and operate under the company’s flight operations manual. Limitations above, from

previously granted exemption (#17261), will be followed if there is a conflict with any of the manuals.

IX. STATUTORY AUTHORITY TO GRANT THIS PETITION

The Federal Aviation Act gives the FAA the authority to grant exemptions. “The Administrator

may grant an exemption from a regulation prescribed under subsection (a) or (b) of this section or any

sections 44702-44716 of this title, once the Administrator finds the exemption in the public interest.”3

X. CONCLUSION

The operation of Aris Helicopters using a small UAS, weighing less than 55 lbs., for

agricultural aircraft operations, conducted under the proposed restrictions outlined above, will provide

an equivalent level of safety as the current regulations. Such exemptions are also in the public interest.;

therefore, this petition should be granted without delay. If I can be of any assistance, please do not hesitate

to contact me at (408)309-3195 or at my email ichris@earthlink.net

Sincerely yours,

Samuel Nowden

Chief Pilot

3 49 U.S.C. § 44701(f); accord 49 U.S.C. § 44711(b).